This Article in clear and unambiguous words provides that a
document required to be attested shall not be used as evidence
unless two attesting witnesses at least have been called for the
purpose of proving its execution. The words “shall not be used as
evidence” unmistakably show that such document shall be
proved in such and no other manner. The words “two attesting
witnesses at least” further show that calling two attesting
witnesses for the purpose of proving its execution is a bare minimum. Nothing short of two attesting witnesses if alive and
capable of giving evidence can even be imagined for proving its
execution. Construing the requirement of the Article as being
procedural rather than substantive and equating the testimony of
a Scribe with that of an attesting witness would not only defeat
the letter and spirit of the Article but reduce the whole exercise of
re-enacting it to a farce. We, thus, have no doubt in our mind that
this Article being mandatory has to be construed and complied
with as such.
2015 SCMR 1044
Used in Judgment of
Lahore High Court
Civil Revision
1075272.2383-09
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